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HomeMy WebLinkAboutAmending the Refuse OrdinanceORDINANCE N0.5437 -72 Passed by the Common Council of the City of South Bend, Indiana OCTOBER 10 IRENE K. GAMMON 72 Presented by me to the Mayor of the City of South Bend, Ind'ana OCTOBER 11 IA 72 Clerk of Common Council IRENE K. GAMMON Approved and signed by me OA:t � /' 19 1-� Clerk AN ORDINANCE AMENDING THE REFUSE ORDINANCE-';' OF THE CITY OF SOUTH BEND, INDIANA ORDINANCE NO. Sq3 %- % a -'.E : "'' ORDAINED BY 'rH� COun.iCt� COJNCiL ,F' _. ,Or rrr -p,?^ ANA: SECTION 1. Articles 1, 2, 4 and 7 of Chapter 16 of the Municipal Code of tiie City of South Bend, Indiana., are Y,c•reb amended to read as follows:. ARTICLE 1. ADMINISTRATION OF CBAPTEF, Sec. 16 -1. Definitions (Substitute the word "trash" for the word "rubbish ") ARTC7LE 2. COLLECTION AND DISPOSAL OF GARBAGE Sec. 16 -5. Collection and Disposal System; Supervision The collection of garbage and trash and a proper system of disposal of the same may be undertaken by the City and by any other person, organization, or corporation subject to this Chapter and under the supervision of the Department of Public Works. Sec. 16 -6 Garbage Collection; Private Party Responsibility; City Fees. (a) Every owner, occupant or lessee of any building, house or structure on grounds where garbage and trash accumulate shall provide for the collection and disposal of trash and garbage from his premises at least once a week. (b) The City shall not collect and dispose of garbage or trash from -'any residential unit unless said collection and disposal is requested by the owner, occupant, tenant or lessee of the residential unit; except as provided for in Section 16 -55. (c) The City shall charge for the collection and disposal of garbage and trash according to the following sc:nedi;le, to wit: 1. one family dwelling with no limit on number of bags and bundles: $ 3.00 per month. -2- 2. One family dwelling where the head of the household has submitted to the Board of Public Works proof of age 65 or over, the fee shall be $1.50 per month. 3. Two family dwelling with no limit of containers and bags: $5.00 per month. 4. Three family dwelling with no limit on number of containers and bags: $7.00 per month. 5. Four family dwelling with no limit on number of containers and bags: $9.00 per month. 6. Pick -up of appliances, furniture and other miscellaneous items: $7.50 minimum for one (1) piece and $2.50 for each additional piece. (d) Charges for City collection of garbage and trash shall be added to the residential unit's water meter charges and collected as are bills for water services. (e) It is the responsibility of the'owners, occupants or tenants o£ abutting property to keep all aleeys used by any sanitation vehicles clean, orderly and passable at all times. Sec. 16 -7. of Re (a) The City and any other person, organization or corporation, properly licensed under this act, may collect and dispose of all garbage and trash from residential units. Garbage and trash shall be placed in containers and receptacles as set forth in this Article. (b) The collection of garbage and trash and a proper system of the same may be undertaken by any person, organization or corporation for all commercial, retail, industrial, professional, apartment, institutional, or governmental units subject to the provisions of this Chapter and under the supervision of the Department of Public Works. (c) It is the responsibility of every owner, tenant or lessee to provide a proper system of disposal for all commercial, retail, industrial, professional, apartment, institutional or govern- mental units at least once a week subject to the provisions of this Chapter. 3 (d) The collection of commercial or ind..zs_ri_._, waste, trash, an garbage of any kind, `vne o-- l;at.:.-e sr.all not be 'he responsibility of the CiEV. Sec. 1.6 -8. Containers Required; SUecificatd.0. :s (a) Each owner, occupant or lessee of any huildircr, house or structure on grounds where garbage and trash accumulates shall provide containers for garbage and trash of not less than ten (10) gallons capacity, nor more than thirty - two (32) gallons capacity. (b) The Department of Public Works may allow the use of special containers for both trash and garbage where mechanical mean are used for emptying into the truck. (c) Such containers shall be of a metal or durable plastic materials with tight- fitting lids or covers and with handles sufficiently strong for workmen to conveniently empty. Larger containers up to a maximum capacity of fifty -five (55) gallons may be used for the deposit of trash only. No container shall, with contents, weigh more than 75 pounds. Sturdy plastic bags may be used as con- tainers only for grass clippings, leaves and other like matter. (d) Containers containing garbage shall be kept covered at all times. All trash containers should be sufficient to prevent the blowing, scattering or spreading of trash. The Department of Public Works shall be the final judge of the sufficiency of such containers. Sec. 16 -9. Garbage and Trash to be Collected in Containers Only Collections by .the City shall be made only of garbage and trash that is contained in containers. in no event shall City collectors pick up, rake or seeen up garbage or household rubbish or trash from the ground, except as provided in Section 16 -55. Sec. 16 -10. Garbage Required to be Wrapped (a) All accumulations of garbage which shall be placed in containers shall be securely wrapped to prevent its ex- posure to the air. F1 (b) All trash containing any garbage particles must be placed in containers with tight- fitting lids or covers. Sec. 16 -11. Collection of Garbage, Time and Place (a) Garbage and trash shall be collected at least once a week. (b) The Department of Public Works shall establish all routes for City collection throughout the City. Sec. 16 -12. (a) Containers for garbage and trash shall be placed at all times in such places as to be readily accessible for the removal or emptying by the City or other hauler, and placed in such a manner and in such a place that such containers will not constitute a public nuisance in any respect. (b) Where alley collections are to be made, such containers shall be placed within five (5) feet of the alley line at the time and day of collection, but shall not at any time be placed within the limits of the alley itself. In those areas where, in the opinion of the Department of Public Works, collection by alley is not practical or feasible, or in those areas where no alleys exist at all, the containers shall be placed for collection in compliance with the rules and regulations that shall be adopted by the Department of Public Works. (c) Nothing in this section shall be construed so as to prevent a private trash hauler from contracting with any residential unit for other than curb -side or alley pick -up so long as such pick -up does not constitute a public nuisance in any respect. ARTICLE 4. REFUSE HAULING Sec. 16 -27. Refuse Collection or Hauling; License Required (a) No one shall haul or collect any garbage or trash of any kind, type or nature without having first obtained from the Department of Administration and Finance a license for the same. 5 (b) The Department of Administration and Finance shall charge a fee of Twenty -Five dollars ($25.00) annually for each non - restricted and each restricted license granted for hauling of trash or garbage. Except that any licenses granted after April 1 of any year shall be $15.00. The license shall terminate on December 31 of each year. (c) For each vehicle granted a llcense, the Department of Administration and Finance shall furnish a number plate, which the owner or lessee of such vehicle shall display on such vehicle in a prominent place so as to be visible at all times. Sec. 16 -28 Non - Restricted License (a) A non - restricted license shall be issued by the Department of Administration and Finance, subject to the approval of the Department of Public Works after payment of the license fee, to any person, organization or corporation which shall collect, transport and dispose of any garbage or trash within the City; subject to the provisions as set forth in this Chapter. (b) A non- restricted license shall be granted only for packer trucks as herein defined, to wit: 1. The box or container must be completely enclosed except when loading or unloading. 2. The top must be permanently attached. 3. The box or container must be leak -proof and have a hopper to catch drippings at time of loading. 4. The truck must be all mechanically operated. (c) The license shall state the type of vehicle, the quantity of material held in the vehicle, and the owner's name and address. (d) Any person, organization or corporation may petition the Board of Public Works for final determination as to the adequacy of a vehicle for a non - restricted license. (e) A non - restricted license provides collect, transport and dispose of litter subject to the provisions Sec. 16 -29 Restricted License that the vehicle may any garbage, trash or of this Chapter. (a) A restricted license shall be issued Administration and Finance, subject Department of Public Works and after fee, to any person, organization or collect, transport and dispose of an subject to the provisions as set for a by the Department of to the approval of the payment of the license corporation which shall y trash within the City; th in this Chapter. (b) A restricted license shall be granted for any vehicle with specified uses as stated on the license. (c) The license shall state the type of vehicle, the quantity to be transported in the vehicle, the type of trash to be transported, the type of covering to be used, the time limit for the use of the vehicle to transport the stated trash and the name and address of the owner. (d) Any person, organization or corporation may petition the Board of Public Works for final determination as to the adequacy of the vehicle for a restricted license. (e) The Department of Public Works shall not authorize the Department of Administration and Finance to grant a license for a particular vehicle until it has been ascertained that the vehicle which is to be used for carrying those materials and objects referred to in the restricted license is constructed so as to prevent the sifting, dropping and falling of the materials as they are being transported. (f) The materiais, objects or things named in the license shall not, while being transported, be above the level of the sideboards and the tail gate of the vehicle unless such materials, objects or things are within closed containers. The vehicle transporting such objects shall at all times, except when being loaded or unloaded, be kept completely and securely covered so that no part of the contents at any time be able to scatter or be exposed to view. 7 Sec. 16 -30 Disposal of Industrial Wastes Industrial waste, which may be accumulated in manufacturing, fabricating or construction by an industrial concern, may be dumped in landfill areas by any licensed hauler or by any person acquiring a license for such purposes from the Department of Administration and Finance as provided in this Article and other ordinances of the City.. Such industrial waste shall be dumped only in those landfill areas designated as landfill areas by the Department of Public Works and upon such terms and regu- lations as set forth by the Department of Public Works. Sec. 16 -31 License Termination; Violation The Board of Public Works may terminate any license which is required in this Article when it is determined that the holder has violated any provision of this Chapter or any of the rules or regulations of the Department of Public Works after the giving of notice to the holder of such license an opportunity for hearing. Sec. 16 -32 Transporting Garbage, Trash or Litter into City No person shall transport or cause to be transported garbage, trash or litter from outside the City for deposit, except in such areas as are designated by the Department of Public Works as landfill areas. All landfill areas shall be operated under the terms and regulations of this Chapter. ARTICLE 7 - SANITATION FUND Sec. 16 -40 Receipts and Disbursements (a) The administration of this Act and the operation of the City trash and garbage pick -up shall be financed by an appropriation or transfer to an appropriately designated fund classification. (b) All revenues derived from the collection of rates and charges for trash and garbage pick -up shall become and be a part of the trash and garbage maintenance and general expense fund and shall be deposited, held and used as a revolving fund for the payment of necessary expenses incurred for the payment of necessary expenses incurred for, but not limited to, billing and collection of fees, purchase of equipment and maintenance of equipment. (c) The Water Works of the City of South Bend shall bill fees and charges for the trash and garbage pick -up and shall collect such fees and charges and deposit such monies to the revolving fund provided for in subsection (b) of this section. (d) The Water Works shall be compensated for their efforts in the billing and collection of fees. (e) The Department of Public Works shall present to the Common Council of the City of South Bend an annual budget before November 1st of each year. The budget shall be received and approved by the Common Council before November 30 of each year. ARTICLE 8 - PENALTY Sec. 16 -52 Nuisance 8 (a) No owner, occupant, tenant or agent of any owner of any lot, place or area within the City shall permit or allow to remain on such lot, place or area, or upon the sidewalks or alleyways abutting the same, any obnoxious, unwholesome, unsanitary or odoriferous materials, trash, garbage or any other matter, object or thing which is either unsightly, unpleasant, unaesthetic or unsafe. The permitting or allowing of same shall constitute a public nuisance. (b) The following conditions shall be considered a public nuisance for the purpose of this Chapter, to wit: 1. Litter 2. Weeds over two (2) feet high but not including small trees and bushes. 3. Fallen trees, stumps, dead trees, cut brush shavings. 4. Boxes, appliances, furniture. 5. Demolition remains. 6. Plaster walls remaining on a common wall after one or two buildings have been removed. 7. Open excavations, dirt piles. 8. Junk cars which are not licensed, not kept in a garage and not movable and are kept at a location other than a correctly zoned property. 9. Structures defaced with paint or wording. Sec. 16 -53 1Qotice The Department of Public Safety is hereby authorized and empowered to give two days notice in writing to the owner, occupant, tenant or agent of any owner of any lot, place or area within the City to remove any obnoxious, unwholesome, unsanitary or odoriferous materials, trash, garbage or any other matter, object, or thing which is either unsightly, unpleasant, unaesthetic or unsafe found lying or located on any such property or upon the sidewalks or alleyways abutting the same. Such notice shall be addressed to any such person at the same address to which his water bill is sent, or, if there is no water meter on the premises, to his last and usual place of residence. Sec. 16 -54 Failure to Comply with Notice; Public Nuisance The failure, neglect or refusal of any occupant, tenant or owner or agent of any owner, to comply with notice served upon such person pursuant to Section 16 -53 shall constitute a violation of this Article. Each day's failure, neglect or refusal shall constitute a separate offense. If any person fails, neglects or refuses to comply with the terms of any notice sent pursuant to Section 16 -53 within the time specified, it shall be the duty of the Department of Public Works upon order of the Department of Public Safety to cause the nuisance to be abated, keeping an accurate account of the expenses thereof, which shall be paid from the Sanitation Fund, upon sworn voucher of the Director of Public Works and such expenses shall be added to the property's water meter charges, and collected as are bills for water services. In the event that there are no water meter charges for the property then such expenses shall be a lien upon the property and collected and covered into the Sanitation Fund. Sec. 16 -56 Penalty Any person violating any provision of this Chapter shall, upon conviction, be deemed guilty of a misdemeanor and punished by a fine of not more than three hundred dollars ($300.00) to which may be added imprisonment for any determinate period not to exceed six (6) months. Each day after the expiration of the time limit for abating unsanitary conditions as ordered by the Department of Public Works, shall constitute a distinct and separate offense. SECTION 2. This Ordinance shall be in full force and effect from and after April 1, ' °" 1st & 2nd READING 9 - / 1 -11 COMMITTEE OF THE WHOLE PUBLIC HEARING 10 -10 3rd READING !C - / C 7 l_ NOT APPROVED REFERRED PASSED I O / G .- � ctiv,tic �Lz� --7-9-� S - fi-� Member of the Common Council Common ber of tM Common CITY CLERK, SOUTH SEND, IND. 'SEP 7 1972 iQAlttUtiftFe arpOrt October 10, 1972 (To the (fomman (fount( of the Tity of Omd# ilrnh: Your Committee of the Whole to whom was referred an ORDINANCE amending the Refuse Ordinance of the City of South Bend, Indiana. Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable, as amended. Councilman Parent moved that Section 16 -6 (c) (2) be amended to read "One family dwelling, whose occupants have provided proof of age over 65 will be charged $1.50 per month. Seconded by Councilman Kopczynski. Councilman Nemeth moved to amend the amendment to read "where the head of the household has submitted to the Board of Public Works proof of age 65 or over, the fee shall be $1.50 per month ". Seconded by Councilman Szymkowiak. The motion to amend the amendment passed, Councilman Nemeth abstaining. The motion to amend the ordinance was passed, Councilman Nemeth abstaining. Chairman Odell Newburn PR EL pR E93 W¢ ��iu p(19 L19NING CO.